Attachment #8 Davis Bacon Information.pdf

SPECIAL CONDITIONS

DAVIS-BACON AND RELATED ACTS (DBRA) LABOR STANDARDS

1. Applicability of Federal Labor Standards

This project is funded in whole or in part with federal financial assistance provided by the U.S.

Department of Housing and Urban Development (HUD) under the Community Development

Block Grant (CDBG) Program. As such, all construction work performed under this contract is subject to the Davis-Bacon and Related Acts (DBRA), as amended (40 U.S.C. §§ 3141–3148), and implementing regulations at 29 C.F.R. Parts 1, 3, and 5, as administered by the U.S.

Department of Labor (DOL) and HUD.

2. Prevailing Wage Rates

All laborers and mechanics employed or working upon the site of the work shall be paid not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics as determined by the Secretary of Labor and set forth in the applicable Davis-Bacon

Wage Decision included in this Invitation to Bid.

The wage decision shall be incorporated into any resulting contract and shall apply to the entire period of construction unless modified by HUD or DOL.

3. Minimum Labor Standards

The Contractor shall comply with all applicable labor standards provisions, including but not limited to:

• Payment of prevailing wages and fringe benefits;

• Proper classification of laborers and mechanics;

• Payment of overtime in accordance with the Contract Work Hours and Safety Standards

Act (CWHSSA), where applicable;

• Prohibition against payroll deductions not permitted by regulation.

4. Certified Payrolls and Recordkeeping

The Contractor and all subcontractors shall submit weekly certified payroll reports in compliance with 29 C.F.R. § 5.5(a)(3) using DOL Form WH-347 or an equivalent form approved by HUD.

Payroll records shall be:

• Maintained for a minimum of three (3) years after project completion;

• Made available for inspection by the Owner, HUD, DOL, or their authorized representatives upon request.

5. Apprentices and Trainees

Apprentices and trainees may be employed only in accordance with DOL-approved apprenticeship or training programs. Proof of program registration and ratios must be provided upon request. Apprentices and trainees not properly registered shall be paid the full prevailing wage rate for the classification of work performed.

6. Subcontracts and Flow-Down Requirements

The Contractor shall include the Davis-Bacon labor standards clauses and applicable wage decision in all subcontracts, regardless of tier, and shall be responsible for ensuring compliance by all subcontractors.

7. Withholding of Funds

The Owner may withhold payments or portions thereof as may be necessary to ensure compliance with DBRA requirements or to satisfy liabilities for unpaid wages or liquidated damages.

8. Enforcement and Remedies

Failure to comply with Davis-Bacon labor standards shall constitute a material breach of contract and may result in:

• Withholding of contract payments;

• Termination for default;

• Disallowance of costs;

• Liquidated damages for overtime violations;

• Debarment or suspension in accordance with federal regulations; and/or

• Other remedies available under federal law, HUD regulations, and the Virginia Public

Procurement Act.

9. Bidder Acknowledgment

By submission of a bid, the bidder acknowledges familiarity with and agrees to comply with all

Davis-Bacon and Related Acts labor standards requirements applicable to this project.

DAVIS-BACON AND RELATED ACTS (DBA)

LABOR STANDARDS COMPLIANCE AFFIDAVIT

Project Name: ___________________________________________

Project Number (if applicable): __________________________

Owner / Locality: _______________________________________

Funding Source: HUD Community Development Block Grant (CDBG)

AFFIDAVIT

I, the undersigned, being duly sworn, depose and state as follows:

1. Authority

I am an authorized officer, agent, or representative of the contractor identified below and am authorized to execute this affidavit on behalf of the firm.

2. Acknowledgment of Federal Labor Standards

I acknowledge that the above-referenced project is funded in whole or in part with federal financial assistance provided by the U.S. Department of Housing and Urban

Development (HUD) and is subject to the Davis-Bacon and Related Acts (DBRA), as amended (40 U.S.C. §§ 3141–3148), and implementing regulations at 29 C.F.R. Parts 1, 3, and 5.

3. Certification of Compliance

I hereby certify that all laborers and mechanics employed or working upon the site of the work shall be paid wages and fringe benefits not less than those contained in the applicable Davis-Bacon Wage Decision included in the solicitation and incorporated into the contract.

4. Proper Classification

I certify that all laborers and mechanics shall be properly classified for the type of work performed and paid at the appropriate prevailing wage rate for that classification.

5. Overtime and Hours of Work

I certify compliance with the Contract Work Hours and Safety Standards Act

(CWHSSA), where applicable, including payment of overtime at one and one-half times the regular rate of pay for all hours worked in excess of forty (40) hours in a workweek.

6. Apprentices and Trainees

I certify that any apprentices or trainees employed on the project shall be registered in

DOL-approved apprenticeship or training programs, shall be paid in accordance with the applicable program standards, and shall comply with approved ratios. Any worker not properly registered shall be paid the full prevailing wage rate.

7. Certified Payrolls and Records

I certify that weekly certified payroll reports shall be submitted in accordance with 29

C.F.R. § 5.5(a)(3) using DOL Form WH-347 or an equivalent approved form, and that all payroll records shall be maintained for a minimum of three (3) years after project completion.

8. Subcontractor Compliance and Flow-Down

I certify that all subcontracts shall include the applicable Davis-Bacon wage decision and labor standards clauses and that all subcontractors shall be required to comply fully with

DBRA requirements. I further acknowledge that the prime contractor is responsible for subcontractor compliance.

9. Acknowledgment of Remedies

I understand that failure to comply with Davis-Bacon labor standards may result in withholding of payments, disallowance of costs, termination for default, liquidated damages, debarment, or other remedies available under federal law, HUD regulations, the contract, and the Virginia Public Procurement Act.

CONTRACTOR INFORMATION

Legal Name of Firm: _____________________________________

Address: ______________________________________________

City, State, ZIP: ______________________________________

Telephone: ____________________________________________

Email: ________________________________________________

SIGNATURE

I declare under penalty of perjury that the foregoing is true and correct.

Signature: _____________________________________________

Printed Name: _________________________________________

Title: ________________________________________________

Date: _________________________________________________

COMMONWEALTH OF VIRGINIA

CITY / COUNTY OF _______________________

Subscribed and sworn before me this _____ day of __________, 20.

Notary Public: _________________________________________

My Commission Expires: _________________________________

Notary Registration No.: _______________________________